PERSONAL INCOME TAX LAW (updated text*) PART ONE GENERAL PROVISIONS Article 1 This Law introduces the personal income tax and regulates the taxation procedure of the civilian's personal income. Article 2 Personal income tax (hereinafter: income tax) is paid annually for the sum of the net revenue from all sources, except for the revenues that are tax exempt by this Law. Article 3 The following types of revenues earned in the country and abroad are included in the income according to which the tax base is determined: 1) personal income from employment, pensions and disability pensions; 2) income from agriculture; 3) personal income from financial and professional activities; 4) income from property and property rights; 5) other types of revenues. All revenues under paragraph 1 of this article which are paid in cash, paid in kind or through other means, are subject to taxation. Article 4 For the different types of revenues under article 3 of this Law, an advance payment of the income tax is calculated throughout the fiscal year, which is paid by deduction from each salary payment or based on the decision of the public revenue authorities, unless otherwise determined by this Law. The amount of the compensated tax under paragraph 1 of this article is deducted from the estimated annual income tax, while the tax reductions are accepted in the amount approved with the advance estimation. *)The Law is published in the " Official Gazette of Republic of Macedonia",No.80/93, and the amendment and supplement in 70/94,71/96 and 28/97 Article 5 The annual amount of the income tax and the amounts of the advance payments and tax reductions that are deducted from the annual taxation are determined by the regulations that are valid on January 1 in the taxable year, unless otherwise determined by this Law.
Article 6 Income tax is not payable on earnings for the following: 1) awards granted by the United Nations and other international organizations; 2) awards granted for lifetime achievements in science, culture and sports; 3) stipends and allowances given to pupils and students through funds and foundations in compliance with the Law; 3a) rewards for sportsmen for achieved results on the official international competitions; 3b) stipends for sportsmen; 4) compensation of travel and per diem costs for official travel, fieldwork allowances and separation allowances are given to the employees in amount provided by the regulations of the civil service; 4a) payments for traveling and daily expenses for the official persons in sport; 5) compensation of transportation costs, meals for the employees and vacation subsidy for the determined amount; 6) salaries of disabled persons employed in enterprises or workshops for professional rehabilitation of invalids; 7) children's allowance; 8) financial assistance for newborns; 9) compensation for unemployment; 10) compensation for the death of a family member; 11) compensation for suffered damages from catastrophes; 12) compensation for health insurance excluding salary compensation; 13) compensation for social security; 14) compensation for outside assistance and care and for physical injury; 15) compensation for damages based on life and property insurance; 16) interests from public loans; 17) interest on savings, current accounts and other sight deposits; 18) severance pay for retirement; 19) single allowances for constant employment under conditions and procedures determined by law. 2
PART TWO ANNUAL INCOME TAX 1. The Taxpayer Article 7 Every physical person, who is a resident of the Republic of Macedonia, is obliged to pay tax on the income earned in the country and abroad. A resident under this Law is every physical person who has permanent residence and usual place of residence on the territory of the Republic of Macedonia. Usual place of residence is granted to individuals who have resided continually on the territory of the Republic of Macedonia, either with interruption of 183 or more days in the year, or if there is intention to stay in the territory of the Republic of Macedonia for 183 or more days within a period of 12 months. Article 8 Every physical person who is a partner in a business activity is obliged to pay tax for his portion of the income in the partnership, agricultural business or store, that has the status of a legal entity or the legal entity of another individual who is a resident of the Republic. The income portion for each individual under paragraph 1 of this article is determined on the basis of the agreement for joint activities. If the allocation of the income is not settled by agreement, the income is divided into equal parts, in order to determine the tax base. Article 9 A physical person who is a non-resident of the Republic is obliged to pay tax for the income earned on the territory of the Republic. A physical person that earns an income from unauthorized activities is also obliged to pay tax according to the provisions of this Law. 2. Tax Base Article 10 The base for the income tax is the income, which according to article 3 of this Law, is reduced by one fourth of the amount of the average salary earned in the Republic. Article 11 Contributions for pension, invalid insurance, health insurance, employment and other public duties that are paid from the salary are deducted from the tax-base, except for earnings from agricultural activities that are paid to the cadastral income. 3. Tax Rates Article 12 3
The rates of the personal income tax are progressive and apply to the following earnings: Tax-base Per article 10 Rate up to 2 x AMS* 23% over 2 x AMS up to 5 AMS. 23% for the portion of the income up to 2 AMS + 27% for the portion of the income over 2 AMS over 5 AMS...23% for the portion of the income up to 2 AMS for the portion of the income over 2 AMS and up to 5 AMS 27% and for the portion of the income over 5 AMS 35% *AMS = average monthly salary AMS - in the monthly advance computation of the income tax, represents the average monthly net salary per employee in the Republic for the current month, published by the 25th day in the month by the Ministry of Labor and Social Policy, while on annual tax calculation, AMS is total amount of the published monthly average salaries. Article 13 In order to avoid double taxation, the computed personal income tax is reduced by the amount of the personal income tax paid abroad, not exceeding the amount resulting from the application of the tax rates under article 12 of this Law. PART THREE CLASSIFICATION OF REVENUES 1. Personal Income Earned Through Employment, Pension and Disability Article 14 Personal income earned through employment, pension and disability according to this Law applies to: 1) salary from employment; 2) pensions and disability compensations; 3) additional income earned through employment, except for taxexempt income under article 6 of this Law; 4) income of the members of the management and supervisory boards in the enterprises; 5) personal income earned by functionaries, parliamentarians and counselors; 6) income earned by professional sportsmen; 7) compensation for sick leave; 4
8) compensation for annual leave; 9) compensation for lay jurors, experts and managers of enterprises under liquidation who are not employed in those institutions and 10) income earned from a working contract Article 15 The base for computation of the tax applies to the following: 1) earned salary, pension and disability compensation of the salary and other incomes from employment; 2) salary earned by work abroad through employment established in the country, but not less than the salary earned for the same work in the country; 3) every gross earning for rendered services, lowered for 20%; 4) the income of a foreign non-resident physical person, earned through employment provided by a resident of the Republic of Macedonia and 5) the income earned by a resident employed in foreign diplomatic and consular missions or international organizations in the Republic of Macedonia. Article 16 ( is deleted ) Article 17 Personal income earned through employment in foreign diplomatic and consular missions and representatives and officers of such missions in the Republic are tax exempt under reciprocity for the following cases: 1) the heads of foreign diplomatic missions accredited in the Republic of Macedonia, the staff of the foreign missions in the Republic of Macedonia as well as members of their families, if those family members are not citizens or residents of the Republic of Macedonia; 2) the heads of foreign consular missions and consular officials authorized to perform consular duties as well as members of their families, if those family members are not citizens or residents of the Republic of Macedonia; 3) officials of the UN and UN specialized agencies, experts for technical assistance of the UN and its specialized agencies; 4) individuals employed in foreign diplomatic and consular missions and international organizations, individuals employed by chiefs of diplomatic and consular missions or international organizations if they are not citizens or residents of the Republic of Macedonia; 5) honorary consular officials and foreign consular missions for the personal income and allowances they receive from the 5
country that appointed them to perform consular duties and 6) citizens of the Republic of Macedonia for the income earned from international organizations. 2. Income from Agricultural Activity Article 18 Income from agricultural activity applies to the following: 1) cadastral income which is determined for each land unit that can be used for agricultural production or forestry, regardless if it can be used for that particular production or not; 2) the actual income, determined by a procedure stipulated under this Law. The cadastral income under paragraph 1 of this article is valorized at the end of each year for the current calendar year in accordance to a separate law. Article 19 The taxpayer is an individual that earns an income from agriculture and forestry and has the status of a physical person, who as an owner or user of land, is recorded in the land register from December 31 in the year prior to the taxable year. If the taxpayer under paragraph 1 of this article has leased the land, the lessee is the obliged taxpayer starting from the day the lease contract is concluded. The lessor and the lessee are obliged to present the lease contract to the public revenue authorities within a period of eight days starting from the date of its conclusion. If the land is used by an individual who is not recorded in the land register as the owner, user nor as the lessee, the respective taxpayer is the user of the land. Changes regarding the taxpayer under paragraph 1 of this article effected through the year are valid from January 1 the following year, if they are properly listed in the period determined by the regulations for land registering. Article 20 The base for income tax for earnings from agricultural activities is the cadastral income from the agricultural lands and forests, set by the regulations for determining the cadastral income. If before the start of the year, the taxpayer opts to pay taxes for the actual income from agriculture and forestry, the profit will be taken as the base. Article 21 6
The taxpayer who earns an income from agricultural activities that notably exceed the cadastral income deriving from highly accumulative branches, from vegetable and livestock production as well as the taxpayer that earns an income from production that is more or less directly related to land cultivation such as: industrial raising of poultry and cattle, fruit and vineyard production, floriculture and mushroom production, bee-keeping, etc., pay taxes according to the actual income and the profit represent the base. The profit regarding taxpayers under paragraph 1 of this article as well as taxpayers under article 20 paragraph 2 of this Law, is determined by the stipulations in the Profit tax Law. Article 22 Income tax on earnings from agricultural activities is not payable for the following: 1) land that is prohibited by law for usage of agricultural production; 2) courtyards of churches, temples, monasteries and mosques; 3) basements and courtyards up to 500 square meters and 4) lands on which flood-gates, canals, dams, trenches and other constructions are built for protection against floods and snowdrifts and for drainage and irrigation. The exemption under paragraph 1 of this article terminates if the land is no longer used for purposes for which the exemption was stipulated. The taxpayer is obliged to report the termination of the causes for tax exemption to the public revenue authorities within a period of 30 days from the date of the change. Article 23 The taxpayer is temporarily exempt from paying taxes for: 1) land that was not exploitable and through investment became useable, for a period of five years from the beginning of the amelioration of the land and 2) land on which new vineyards, orchards and other long-standing plantations are cultivated for a period of five years. The exemption under paragraph 1 of this article will be acknowledged if the change of cultivation is recorded in the land register. The tax exemption under paragraph 1 of this article becomes effective by filling a request with the public revenue authorities by the end of the year in which the changes occurred. Article 24 The taxpayer, whose primary activity is agriculture in the less developed regions is exempt from taxation. 7
Cadastral communities with over 50% agricultural land from VI to VIII class are to be considered less developed regions under this Law. The Government of the Republic of Macedonia determines the less developed regions under paragraph 2 of this article. Article 25 The taxpayer is granted a 50% tax reduction for investments in melioration and 100% for re-allocation in the year in which the melioration and reallocation are administered. Article 26 The tax base is reduced by the amounts invested in economic building structures and agricultural equipment by the taxpayer, at a minimum of 30% of the cadastral income. Article 27 If the yield from one or more land parcels is reduced following major force, plant diseases and pestilence or other extraordinary events that the taxpayer could not prevent, the cadastral income is reduced for each of those parcels proportionally to the reduction of the yield. The tax relief under paragraph 1 of this article becomes effective by filling a request with the public revenue authorities, within a period of 15 days from the day of the damage occurrence. By request of the taxpayer, the public revenue authorities bring the decision based on the damage estimate by a special damage estimate board founded by the public revenue authorities. 3. Personal Income from Business and Professional Activity Article 28 Personal income from business and professional activity refers to income earned from an occupation. Article 29 The taxpayer of the personal income earned from business and professional activity is a physical person that earns personal income from a business activity, rendering professional and other intellectual services. An income taxpayer is also a member of a society with unlimited liability of its membership, a general partner and limited partner in a limited partnership, an owner of an agricultural business, store or other legal entity. Article 30 8
The tax base of the personal income from a business and professional activity is the personal income that the taxpayer determines in the tax balance according to the provisions of the profit tax law, which as a rule can not be lower than the average salary earned in the Republic. Article 31 The taxpayer, who due to certain circumstances is not in a condition to run its book keeping, or whom to this book keeping makes his business more difficult, is entitled to fill in a request to the local revenue office, so that the income tax coming from his business will be paid in lump-sum basis determined net income. The local revenue office decides upon the request of paragraph 1 of this article, whether there are circumstances due to witch the taxpayer is not able to run book keeping or this keeping significantly burdens his business activity. When the local revenue office assesses that all the conditions of paragraph 1 of this article are met, it determines the lump sum basis determined net income, regarding: 1) place where business premises is situated; 2) equipment of business premises; 3) market conditions under which business is run; 4) space of business premises; 5) age and ability of taxpayer; 6) size of net income of a taxpayer who runs same or similar business activity under same or similar terms; 7) other circumstances which affect the profit realization. The taxpayer of paragraph 1 of this Article may submit a request for lump sum net income to the local revenue office by the end of the year which is preceding to the year for which determination of the tax is made. The right for lump sum taxation can not be applied to: 1) taxpayer of Article 29, paragraph 2 of this Law; 2) taxpayer in trade, service and commission business ( except for a taxpayer who performs its business activity on a tender ); 3) who employs other persons; 4) business with joined assets from other persons; 5) whose net income, in the year that is preceding the one where the tax assessment is being made, is higher than two average annual salaries. In the case where the local revenue office assesses that the terms, under which the taxpayer has been granted the right for a lump sum basis determined net income, have ceased, in the following year it will be obligatory for him to run business keeping. 4. Income from Property and Property Rights 9
Article 32 Income from property and property rights apply to incomes earned by the taxpayer through lease or sublease of land, residential or business premises, garages, leisure and recreational premises, equipment, transportation vehicles and other types of property. Article 33 The taxpayer of incomes earned from property and property rights is a physical person that earns an income from property and property rights. Article 34 The net income is the base for computation of the tax, which is realized when the annual amount of the earned income in the taxable year is reduced by the expenses for maintenance and management, yearly amortization and other expenses necessary in earning the income. The expenses under paragraph 1 of this article are acknowledged at 35% of the income. If property is subleased, the rental fee that is paid to the sublessor is deducted from the rental fee earned by the taxpayer. Income from property and property rights include values of all duties and services beheld by the lessee, that is the sublessor for the account of the lessor. Article 35 If rent is paid several years in advance, the tax shall be paid annually for the number of years of the compensated rental fee, but not exceeding 5 years. The tax base for each year is the proportionate portion of the rental fee, that has been reevaluated by the rate of retail price increase in accordance to the data provided by the Republic Bureau of Statistics. Article 36 If the registered incomes from property and property rights are smaller than the average monthly earnings, the public revenue authorities shall determine the feasible income through comparison of rental fees of similar sites leased under approximately equal conditions. 5. Other Types of Income Article 37 Additional incomes refer to other types of income earned by the taxpayer that are not subject to other taxation and are not tax exempt under this Law. 10
The incomes referred to under paragraph 1 of this article which are subject to taxation apply to: a) incomes from copyrights and industrial property rights; b) returns to capital; c) capital gains and d) gains from lottery games and other games of chance. a) Income from Copyrights and Industrial Property Rights Article 38 Income from copyrights and industrial property rights refer to compensation earned by the taxpayer through copyrights and industrial property rights. Article 39 The taxpayer of incomes earned from copyrights and industrial property rights is a physical person that earns compensations through copyrights and industrial property rights. The taxpayer of incomes earned from copyrights and industrial property rights is a physical person that is the recipient or bearer of the copyrights and industrial property rights. Article 40 The base for computation of the income tax, under article 38 of this Law, applies to the net income that is estimated by withholding the necessary expenses from the gross earnings. Article 41 In determining the net income from copyrights and industrial property rights, the following expenses are acknowledged: 1) 60% of the gross earnings pertaining to sculptures, tapestries, plastic art, ceramics and glass making; 2) 45% of the gross earnings pertaining to art photography, mural painting and painting in special techniques, frescoes, graphic art, mosaic, intarsia, enamel, intarsiate and enamel objects, costume design, fashion design and textile craftsmanship (woven textiles, printed textiles, etc); 3) 40% of the gross earnings pertaining to paintings, graphic works, industrial design and manufacture of models and molds, small plastics, visual communications, interior architecture and facades, interior design, horticulture, artistic supervision of works in interior and facade architecture, space shaping and horticulture with construction of models and molds, artistic scenery, scientific, expert and publicist works, translations, musical and motion picture works and restoration and conservation works in the field of culture and art; 4) 20% of the gross earnings pertaining to artistic performances (playing musical instruments, singing, recitals), translations (excluding literary translations), movie making and tapestry designs; 11
5) 25% of the gross earnings pertaining to artistic performances in the field of classical music, ballet, opera and theater and film acting and 6) 30% of the gross earnings pertaining to other types of royalties and work regarding industrial property. Instead of the standardized expenses, the actual expenses will be acknowledged at the taxpayer's request, if documentary proof is provided. Article 42 In determining the net income from sculptures, paintings, graphics, tapestries and other works from the applied arts, earned at exhibitions held outside the taxpayers place of residence, besides the expenses stipulated under article 41 of this Law, the expenses for transportation of the works, the transport expenses as well as the lodging costs during the exhibition, within the rate of the highest per diem costs determined by the appropriate regulations, shall also be deducted. Article 43 The following expenses will be acknowledged in determining the net income from patents and trademarks: 1) taxes and expenses paid for the protection of patents based on a certificate issued by the authorized agency for protection of patents; 2) expenses for the design and technical description of the patent and trademark, that are included in the application requesting protection of the patent and trademark from the authorized agency, according to the certificate of the qualified individual who provided the designs and technical descriptions. The organization registered to represent the authors will estimate the authenticity of these expenses and 3) expenses for the design of the prototype necessary for the testing of the patent, that has been registered and protected. If the prototype is designed by an enterprise or establishment, the producer provides the receipt of the occurred expenses. If the prototype is designed by the inventor at his own expense, the actual costs will be acknowledged while the appropriate organization registered to represent the authors will estimate the authenticity of these expenses. All expenses are to be provided separately and documented by receipts, that are to be presented as evidence to the payer of the income. Article 44 Only the compensations paid to the copyright agency and to the authorized individuals for sale or payment of income will be acknowledged as expenses of the taxpayer who is the recipient or bearer of copyrights. Article 45 In determining the net income, the incomes from copyrights and industrial property rights earned from work created over one year of time, at the 12
taxpayer's request, are divided into as many equal parts as the number of years spent in creating the work, but not exceeding five years. The proportional share of the net income is the base used for computation of the tax for each year. Article 46 The taxpayer who is a resident of the Republic is exempt from income tax for incomes from copyrights and industrial property rights earned by a domestic legal entity or physical person based on the implementation of the industrial property rights. b) Return of Capital Article 47 Return of capital applies the following: 1) dividends and other incomes earned through profit sharing with legal entities and physical persons; 2) interests on loans given to physical persons and legal entities; 3) interests on bonds or other securities and 4) interest on time deposits and other deposits; Article 48 The taxpayer of an income earned from returns to capital is a physical person, who earns an income stipulated under article 47 of this Law. Article 49 In determining the base of the income tax for returns to capital, the earnings under article 47 paragraph 1 item 1 are specified within 50% of the earned amount. The base for computation of income tax under article 47 paragraph 1 item 2, is the realized interest but not less than the interest that would have been received from fixed term deposits for the same term. The net income under article 47 paragraph 1 item 3 and 4 is the difference between the amount of the total interest and the computed amount of the retail price growth rate in the respective period. c) Capital Gains Article 50 Capital gains applies to income earned by the taxpayer through sales of securities, profit shares in enterprises and real estate, as a difference between their selling price and the reevaluated purchase value on the day of the sale. 13
If the difference under paragraph 1 of this article is negative, then capital loss is achieved. The purchase value is reevaluated in accordance with the accounting regulations. Article 51 The taxpayer of an income earned from capital gains is a physical person who earns an income stipulated under article 50 paragraph 1 of this Law. Article 52 Short-term capital gains earned through sales of securities, held in the taxpayer's portfolio under 12 months, are fully included in the tax base. Long-term capital gains earned through sales of securities, held in the taxpayer's portfolio 12 months and over, are included in the tax base within 50% of the difference. Capital gains earned through sales of enterprise shares are included in the tax base within 50% of the difference. In determining the base for computation of tax on capital gains from sales of real estate, besides the gains, the revealed value of the investments, the investment maintenance expenses and the paid real estate tax are also taken into consideration. Article 53 The long-term capital loss from sales of securities is offset with the capital gains under article 52 paragraphs 1, 2 and 3. If capital loss occurs following the offset under paragraph 1 of this article, the surplus is transferred to upcoming capital gains in the next three years. d) Gains from Lottery Games and other games of chance Article 54 The taxpayer of an income earned from lottery games and other games of chance is a physical person who has earned gains from the mentioned games. Each single gain earned from lottery games and other games of chance represents the tax base. If the gains from lottery games and other games of chance consist of objects, the market value of the objects at the time of the gain will be considered as the tax base. Article 55 If the single gain does not exceed the amount of the average monthly net salary earned in the Republic, the gains from lottery games and other games of chance will be tax exempt. 14
If the single amount of the gain exceeds the amount stipulated under paragraph 1 of this article, the tax is computed for the full amount of the gain. PART FOUR AUTHORIZATION, COMPUTATION AND COLLECTION OF PERSONAL INCOME TAX Article 56 The provisions of the law for public administrative procedures will be enforced in the proceedings for authorization, computation and collection of the personal income tax, unless otherwise stipulated by this Law. Article 57 The public revenue authority administers the authorization and collection of the income tax, unless otherwise stipulated by this Law. The public revenue authority determines the income based on the data provided in the taxpayers tax return, the taxpayers business records, the official figures obtained by the authorities through control, based on other data and evidence obtained through the proceedings for determining the tax. Article 58 The public revenue authority maintains the register of income taxpayers containing relevant data in determining the tax. Article 59 The taxpayers of income under article 29 paragraph 1 of this Law and the taxpayers of income from agricultural activities, who are taxed on the actual income, are obliged to maintain business records indicating all business alterations as stipulated by this Law. Taxpayers of income under article 29 paragraph 2 of this Law are obliged to maintain business records indicating all the business alterations. Taxpayers of income from business and professional activities who pay taxes in lump sum are obliged to maintain business records. 15
Article 60 In addition to maintaining business records, taxpayers under article 59 paragraph 1 of this Law are obliged to issue an invoice for each turnover or to register the turnover in a cash register. The Minister of Finance is empowered to impose maintenance of supplementary evidence for particular activities. Article 61 Taxpayers under article 59 paragraph 1 of this Law maintain business records by the system of double-entry or single-entry book-keeping in accordance with the law on accounting. Business books following the system of simple accounting are: 1) income book 2) expenditure book 3) assets and minor inventory book. Article 62 Taxpayers are obliged to maintain business records and other files efficiently, promptly and precisely. Efficient, prompt and precise maintenance of business records applies to the following: 1) if the taxpayers entire business operations can be ratified, classifying the business changes separately in chronological order in gross amount without offsetting; 2) if the revenue entry is done on a daily basis or latest by the following day, and the cost entry is done within seven days of their occurrence; 3) if the entry of each business change of assets, incomes and working expenses is supported by credible book-keeping documentation and 4) if an inventory of the assets, goods on stock, finished products, semifinished products, cash, debts and claims is conducted at the beginning and at the end of the year, and if the status is registered in the business records. Article 63 Business records are closed after the conclusion of the business year when all changes in business have been registered. Article 64 The taxpayer is obliged to keep all business records, files and other documents on the business premises. If the maintenance of business records is assigned to a registered financial/book-keeping service, the business records and documentation are to be kept on the premises of that service. 16
Article 65 The Minister of Finance enforces further regulations regarding the content of the business records, the maintenance procedure and the accounting of the financial result. Article 66 Business records, files and other documentation are kept for a minimum of five years from the final date of the business year they refer to, unless otherwise stipulated by law. Article 67 Taxpayers under article 59 paragraphs 1 and 2 of this Law are to compose an annual tax balance. The Minister of Finance enforces further regulations regarding the content of the tax balance and the procedure of its construction. 2. Filing a Tax Return Article 68 The income taxpayer is obliged to file an annual tax return for the earned income, unless otherwise stipulated by this Law. The public revenue authority summons the taxpayers by public notice to file a tax return by December 31st each year. Article 69 The taxpayer is obliged to file an annual tax return for the earned income based on personal income from employment, pension and disability pension, no later than the end of February the following year, unless income is earned from other sources. The taxpayer who pays a tax advance based on a decision of the public revenue authority is also obliged to file an advance payment tax return no later than the end of February for the taxable year, unless otherwise stipulated by this Law. Article 70 The taxpayer, who during the year earns an income solely from agricultural activities taxable by cadastral income, is not obliged to file an annual tax return. Article 71 The civilian, who during the year starts to earn an income from activities or through other means, that under this Law are subject to income tax, is 17
obliged to file an advance payment tax return to the public revenue authority within 15 days from the date the activity commenced. In addition to the advance payment tax return, the civilian is also obliged to submit a written statement regarding related activities previously conducted inside or outside the community. Article 72 The Minister of Finance enforces the form, content and procedures regarding the completion of the annual and the advance payment tax returns. Article 73 The taxpayer is obliged to file an annual tax return for the purpose of determining the income tax to the public revenue authorities for the territory of his place of residence. The taxpayer is obliged to file an advance payment tax return: 1) to the public revenue authority for personal incomes from business and professional activities on the territory where he/she is registered to conduct the activity, or if he/she is not registered, on the territory where the activity is conducted; 2) to the public revenue authority for incomes from property and property rights on the territory where the property is located; and 3) to the public revenue authority for capital gains and other incomes that are not subject to advance payment of tax after deduction on the territory of the taxpayer's place of residence. Article 74 The taxpayer non-resident only files an advance payment tax return for each earned income, for which an advance payment of the tax is anticipated, based on a decision of the public revenue authority. The advance payment tax return under paragraph 1 of this article is filed to the public revenue authority on the territory where the taxpayer earns the income. The effected advance payment of income tax under paragraph 1 of this article as well as effected advance payment of tax after deduction under article 16 of this Law will be regarded as final payment of tax. 3. Computation of Advance Payment of Income Tax in the Course of the Year a) Advance Payment of Tax after Deduction Article 75 The determining and payment of the advance on income tax after deduction is administered for the following types of income: 18
1) personal incomes from employment, pensions and disability pensions; 2) personal incomes from professional and business activities; 3) incomes from copyrights and industrial property rights; 4) returns to capital; 5) incomes from property and property rights is the income payer maintains business records and 6) gains from lottery games. Article 76 The advance payment of the income tax under article 75 of this Law is computed by the employer for each taxpayer and for each single payment of income. The advance payment of the income tax under article 75 item 1 of this Law is computed on the tax base under article 15 paragraph 1 items 1, 2 and 5 of this Law. The advance payment of the incomes under article 14 item 10 of this Law is computed according to the tax base under article 15 paragraph 1 item 3 of this Law with the applied rate of 23%. The advance payment of the income tax under article 75 item 2 of this Law is computed on the tax base under article 30 of this Law. The Minister of Finance enforces further regulations regarding the payment procedure of advance on tax. Article 77 The employer under article 76 of this Law is obliged with each payment to provide a copy to the taxpayer of the tax advance computation and the paid contributions under article 11 of this Law, as well as cumulative data after the expiration of the year, latest by February 15 the following year, for the fully paid advance. The employer is obliged to file an annual report for gross profit derived by the taxpayer to the public revenue authority of the computed and paid taxes and contributions after deduction, and total paid net incomes, by latest February 15 of the following year. Article 78 The advance payment of income tax for earnings from copyrights and industrial property rights is computed at a rate of 23%. The tax under paragraph 1 of this article is an advance payment by disposition, except for incomes under paragraph 3 of this article. Incomes earned from written works - literary, scientific, specialist, publications, studies, reviews, etc., incomes from theatrical works, incomes from artistic works (paintings, sculptures, etc.) and works from the field of architecture and cinematography are taxable at the rate under paragraph 1 of this article and the computed and paid tax after deduction 19
will be regarded as final payment of taxation. Incomes earned on the above basis are not included in the tax base of the annual income tax. Article 79 The advance payment of income tax for incomes from capital returns is computed for each earned income on the tax base under article 49 of this Law at the rate of 23%. Article 80 When the payer of the income maintains business records, the advance payment of income tax for income earned from property and property rights is computed on the tax base according to article 34 of this Law at the rate of 23%. Article 81 The advance payment of the income tax for gains from lottery games is computed on the tax base under article 54 of this Law at the rate of 23%, and the computed and paid tax after deduction will be regarded as final payment of taxation. Incomes earned on the above basis are not included in the tax base of the annual income tax. b) Advance Payment of Tax by Decision Article 82 Advance payment of income tax, by decision of the public revenue authority, is paid on the following incomes: 1) incomes from agricultural activity; 2) capital gains and 3) other incomes that are not subject to advance payment of tax after deduction. Article 83 Advance payment of income tax for incomes earned from agricultural activities are determined by decision of the public revenue authority: 1) based on data from the land register and other information relevant in determining the tax liability and 2) based on data from the tax return, the tax balance, business records and the information relevant in determining the tax liability, if the taxpayer is taxed on the actual income. Taxation under paragraph 1 item 1 of this article is computed with the implementation of the rates under article 12 of this Law. 20
The advance payment effected under paragraph 1 item 1 of this article, will be regarded as final payment of tax. Article 84 Advance payment of income tax for capital gains is determined by decision of the public revenue authority based on the data from the tax return, as stipulated under article 52 of this Law, at the rate of 23%. Article 85 Advance payment of income tax for incomes that are not taxable after deduction is determined by decision of the public revenue authority, based on the data from the tax return, the standards under article 36 of this Law and according to other information relevant in determining the tax liability. Article 86 If the requirements in determining the advance payment of the income tax are considerably changed, the taxpayer can request revision of the advance payment, that is, the public revenue authority can determine revised advance payment concurring to the altered circumstances. 4. Computation of the Annual Income Tax Article 87 The annual income tax is determined by decision of the public revenue authority based on the data from the tax return, business records and other information relevant in determining the tax liability. Article 88 The taxpayer of taxes from business, professional and agricultural activities, who is obliged to maintain business records in accordance with this Law, is required to draw the income through a transfer account with the holder of the payment operations. Article 89 If the taxpayer does not file a tax return after a public notice or if the business records can not serve as the base for determining the tax liability, the tax will be determined as follows: 1) based on the official figures of the earned income and of the operating expenses of the taxpayer, that are at the disposal of the public revenue authority; 2) by comparison with taxpayers of equal or similar vocations through comparative elements particularly the place where the activity is performed, the professional qualifications, age, equipment, number of employees, variety of products and services as well as other circumstances and facts which are 21
relevant in earning the income; 3) based on information by the local revenue office on realized monitoring for the realized scope of work that is turnover; 4) by comparison with the average gross salaries of the employees of legal entities of equal or similar vocations, who perform the activity under comparably equal conditions and, 5) based on expert findings and opinions. Article 90 The decision of the public revenue authority that determines the annual income tax under article 87 of this Law and the decision for advance payment of taxes under article 82 of this Law, primarily include: 1) the name, surname, address and tax number of the taxpayer; 2) the type of taxation; 3) the tax base; 4) the tax rate; 5) the determined reductions and exemptions; 6) the determined tax amount; 7) the number of the account to which the tax is paid according to the decision and the terms of payment; 8) forewarning of the legal repercussion of untimely tax payment; and 9) forewarning of the right to legal redress based on the decision of the determined tax liability. Under paragraph 1 of this article, the public revenue authority is obliged to bring a decision latest within 60 days from the date of receipt of the tax return. The public revenue authority is obliged to bring a decision determining the advance payment of the income tax from agricultural activities, latest by April 30 for the taxable year. COMPLAINTS Article 91 A complaint can be filed with the Ministry of Finance, against the decision of the public revenue authority for tax determination, within 15 days from the date of receipt of the decision. A complaint can be filed with the public revenue authority that brought the decision. Article 92 22
The public revenue authority that brought the decision is obliged to submit the complaint with all documents to the Ministry of Finance, latest within 15 days from the date of receipt of the complaint. Article 93 The complaint does not adjourn collection of the determined tax, unless otherwise stipulated by this Law. The public revenue authority that brought the decision can defer collection of tax in justified cases until a decision on the complaint has been brought, in which case is obliged to notify the Ministry of Finance. 5. Renewal of Procedures Article 94 The public revenue authority that brought the decision for determination of tax, by which the tax procedure ceases, may renew the procedure if: 1) the tax return, by which the tax is determined, has been filed based on business records that are later discovered not to be maintained orderly, promptly and exactly; 2) the tax return, by which the tax is determined, contains incorrect data that does not correspond to status of the business records; 3) the taxpayer has not declared all sources of income, on the basis of which the tax liability of the taxpayer is determined under the provisions of this Law.; 4) the taxpayer has not been granted tax reductions and exemptions, based on incorrect information and evidence provided by taxpayer; and 5) there are grounds for renewal of the procedure under the Law on common administrative procedure. Renewal of the procedure under paragraph 1 and 2 of this article can be done within a period of five years from the enforcement of the decision that has determined the tax liability. 5-a. Special procedure for assessment of tax Article 94-a In a case when a person owns property or has available assets larger then taxable ones, in fact when the property he owns and the assets available to him are coming from profits on which no tax is being determined or is not sufficiently determined, the local revenue office may initiate a special procedure for tax assessment of that property or income. In the procedure of paragraph 1 of this Article, the person is obliged to present to the local revenue office evidences for the sources of the assets with which this property and assets have been purchased. 23
The procedure of paragraph 1 of the same article might be initiated if with the provisions of this law there is no out of dates of the law for assessment of the tax. Article 94-b The conclusion for initiating a special procedure is brought by the local revenue office in the area where the person has a permanent place for living. It is possible to make an appeal against such conclusion of paragraph 1 to the Ministry of Finance. Article 94-c If during the procedure it is assessed that the property, that is assets are gained out of non-taxed or incompletely taxable incomes, the local revenue office makes a decision for assessment of the tax. Article 94-d The base for establishing the tax for non-taxed incomes is consisted of value of the property, that is the amount of assets that originate from the non-reported income for taxing during issuing the decision for assessment of the tax. Article 94-e The tax rate of non-reported income is calculated with the application of rates from Article 12 of this Law, increased by 100%. 6. Collection of Tax a) Collection and Advance Payment of Tax Article 95 The payer of personal incomes and other incomes on which advance payment of tax is paid after deduction, is obliged to pay the withheld tax with every single payment. The institution handling the transfer account is compelled not to permit payment of personal incomes and other incomes under paragraph 1 of this article, unless a tax payment order is not submitted simultaneously. After deduction, taxes are computed and paid at the rates valid on the day of payment of the personal income, that is, the revenues. Article 96 The taxpayer who earns personal incomes from abroad, as well as the taxpayer who earns personal incomes from diplomatic and consular representative offices of foreign states, through the representatives and officers of such envoys that are granted diplomatic immunity, is obliged within a period of seven days from that date of receipt of personal income 24
to determine and pay the tax under article 76 paragraph 2 of this Law, unless the tax is determined and paid by the employer. Article 97 Taxes determined by decision of the public revenue authority will be paid: 1) for incomes from agricultural activities, payable to the cadastral income - quarterly in equal installments and 2) for capital gains and other incomes earned periodically, within 30 days from the date of determining the tax liability. Article 98 The taxpayer of income tax on personal incomes from business and professional activities, tax on incomes from property and property rights, will pay the tax through monthly advance payments. Article 99 The advance payments on taxes under article 97 paragraph 1 item 1 are paid on the following dates: for the I quarter by February 15, for the II quarter by May 15, for the III quarter by August 15 and for the IV quarter by November 15. Article 100 Until the tax obligation is determined based on the annual salary plus any annual lump sums, the taxpayer is obliged to make an advance payment according to the rates used the previous year. If the taxpayers incomes increase or decrease notably, the public revenue authority based on the audit of the business records, information on the taxpayers income provided by the government agencies, enterprises and other legal entities regarding delivered goods and rendered services, and based on other credible data, will bring a decision for increased or decreased advance payment of tax. The taxpayer of tax on personal income from business and professional activities shall compute and pay the advance payment of tax for each expired month during the payment of personal income, latest within 15 days following the end of the month, for which the taxpayer is obliged to submit a monthly tax estimate to the public revenue authority. Article 101 Quarterly paid taxes are due for payment at the middle of each quarter. Until the decision on taxes under paragraph 1 of this article is presented, the taxpayer pays a temporary advance that corresponds to the tax level from the previous period. b) Collection of Annual Income Tax 25